AMRELI NAGARPALIKA Vs. LALITKUMAR K. PANDYA

JUDGEMENT

(1.) In this petition, the petitioner has challenged an order dated 05.05.2001 passed by the Labour Court, Amreli passed in I.E.S.O No. 19 of 1998 holding, inter alia, that the provisions of Industrial Employment (Standing Orders) Act, 1946 are applicable to the petitioner Municipality.

(2.) The respondent who was daily wager and working with the petitioner-Nagarpalika and getting fixed salary had made an application to the Labour Court, Rajkot under Section 13-A of the Industrial Employment Standing Orders Act for getting status of permanent servant. After adjudicating the matter, the Labour Court vide its award dated 05.05.2001 decided the status of the respondent as a permanent employee under Section 13 of the Industrial Employment Standing Order Act, 1946 read with Rule 3(2)(a) of the Schedule I of Bombay Industrial Employment Standing Order, 1959 and the said award was not in know of the office bearers or the office of the Nagarpalika for number of years. The respondent made an application to give effect to the award after lapse of five years and the then President of Nagarpalika decided to implement the said award of 2001 by passing a resolution in the month of March 2006 which order is under scrutiny under Section 258(1) of the Gujarat Municipalities Act by the Collector, Amreli and the said proceedings are pending and the resolution of the Nagarpalika is not given effect to so far.

(3.) Heard learned advocates for the respective parties.